Matter of Bais Yoel Ohel Feige v Village of Kiryas Joel
Motion No: 2010-05598
Slip Opinion No: 2010 NY Slip Op 76590(U)
Decided on July 9, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M105555

E/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2010-05598, 2010-05925

In the Matter of Bais Yoel Ohel Feige, etc.,

et al., petitioners-respondents, v Village of

Kiryas Joel, respondent, Congregation Yetev

Lev D'Satmar of Kiryas Joel, appellant.

(Index No. 10-5655)

DECISION & ORDER ON MOTION

Motion by Congregation Yetev Lev D'Satmar of Kiryas Joel for leave to appeal to this court from two orders of the Supreme Court, Orange County, dated June 8, 2010 (Appellate Division Docket No. 2010-05925), and June 10, 2010 (Appellate Division Docket No. 2010-05598), respectively, to vacate the order dated June 8, 2010, and to vacate or stay enforcement of the order dated June 10, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to this court from the order dated June 10, 2010 (Appellate Division Docket No. 2010-05598), is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated June 10, 2010 (Appellate Division Docket No. 2010-05598), is granted, and enforcement of that order is stayed pending hearing and determination of the appeal or determination by the Supreme Court, Orange County, of the underlying motion; and it is further,

ORDERED that pending hearing and determination of the appeal or determination of the underlying motion, no work, such as paving or construction, shall be performed by the appellants on the area known as the "fenced-in courtyard," and upon the subject building, or its fixtures and appurtenances, such as the porch at the rear of the building, and the now-existing steps leading to the porch; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to this court from the order dated June 8, 2010 (Appellate Division Docket No. 2010-05925), is denied as the order has expired by its own terms; and it is further,

ORDERED that on the court's own motion, the appeal purportedly taken as of right from the order dated June 8, 2010 (Appellate Division Docket No. 2010-05925), is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., SANTUCCI, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court